Sawitzke v. Peters Mach. & Mfg. Co.

Citations

• 35 Ohio C.C. Dec. 600
• 29 Ohio C.C. (n.s.) 513

Syllabus

<p>COURTS — NEGLIGENCE</p> <p>1. Evidence that Injured Minor Plaintiff and Mother as Next Friend Appeared in Court without Counsel or Understanding of Proceeding, Competent to Contradict Record as to Jurisdiction Obtained.</p> <p>Extrinsic evidence as to failure to obtain jurisdiction in the court below is competent, notwithstanding it contradicts the record of the inferior court, if the allegations are to the effect that the defendant employer brought into court the plaintiff, an injured minor, together with his mother as next friend, and the form of a trial was had and judgment entered in favor of the minor for a small sum as compensation for his injury, the purpose being to give validity to a proposed settlement for said sum, to which proceeding neither the said minor nor his mother had any understanding as to what was being done and no assistance from counsel.</p> <p>2. Judgment on Evidence that Boy Was Required to Shift Beit with His Hand Proof of Negligence.</p> <p>A judgment is not against the weight of the evidence, if it is for injuries sustained by a boy of sixteen years of age who was required to shift a belt with his hand and it was in dispute whether he had been properly instructed as to how the shift could be made with safety.</p>